Consent plays a central role in many sexual offense cases and is often the key difference between an intimate encounter and a sex crime. In criminal defense, proving there was consent can lead to the dismissal of sex offense charges such as rape, sexual abuse, sexual battery, or sexual assault.
But how does Illinois law define consent? In this article, we will explore what is considered consent in the State of Illinois and when it becomes the determining factor between a lawful sexual encounter and a sex crime. If you or someone you know has been accused of a sexual offense, contact an Illinois criminal defense attorney right away to begin building your defense.
How Does Illinois Define Sexual Consent?
Illinois law defines consent as a “freely given agreement” to a sex act or to sexual conduct. This means that an absence of resistance is not good enough to count as consent. If a participant in a sex act does not physically resist or refuse, for example, it is not a sufficient defense against a rape or sexual assault charge. For an act to be considered consensual, both parties must give their agreement independently and without having been coerced, threatened, forced, or intimidated.